9911796707
TMI Blog2016 (6) TMI 1157X X X X Extracts X X X X X X X X Extracts X X X X ..... cted against the impugned order-in-appeal No. 120/2011 dated 02.03.2012 wherein the learned Commissioner (Appeals) has upheld the order-in-original. 2. Briefly the facts of the present case are that the appellants are engaged in the manufacture of woolen/blended fabrics falling under Chapter 51 & 55 of Schedule to Central Excise Tariff Act 1985. The appellants have been availing CENVAT credit of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Excise Act 1944. The show-cause notice culminated into the demand of interest and equivalent penalty. Thereafter the appellant filed an appeal before Commissioner (Appeals) and the Commissioner (Appeals) vide order dated 03.02.2012 confirmed the demand of interest and penalty and hence the present appeal. 3. Heard both sides and perused the records. Learned counsel for the appellant submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... X as well as two circulars of the CBEC dated 03.09.2009 and 14.03.2011 as the same are not applicable in the present case. The learned counsel placed reliance upon the decision in the case of CCE Vs Bill Forge Pvt Ltd [2001-TIOL-799-HC-KAR-CX] wherein the decision of Honble Supreme Court in the case of Ind-Swift Laboratories Ltd., has been specifically considered and distinguished in similar factu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this regard thereof. The said Larger Bench decision has also been followed by this Tribunal inter alia while passing Final Order No. 20300/2016 dated 22.04.2016 passed in the case of very same assessee i.e. JK Tyre & Industries Ltd. It is pertinent to note that the said view has also been followed even by the Honble High Court of Madras in the case of CCE VS Strategic Engineering Pvt Ltd [2014-TI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be recoverable in terms of Rule 14 of CENVAT Credit Rules 2004. 4. After considering the submissions made by both the parties and the law cited by the appellant, I am of the considered view that the case of the appellants is squarely covered by the decision of Jurisdictional Bench of the Honble High Court of Karnataka in the case of CCE Vs Bill Forge Pvt Ltd (supra) and all the principles ..... X X X X Extracts X X X X X X X X Extracts X X X X
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